Karnataka Court January 1998 Judgments
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K.H. Bommaiah (Deceased) by L.Rs Vs. Nanjegowda and Another
Court: Karnataka
Decided on: Jan-22-1998
Reported in: ILR1998KAR1550; 1998(3)KarLJ191
1. This second appeal under Section 100 of the Civil Procedure Code has been filed by the appellant-plaintiff challenging the judgment and decree dated 6-9-1990 passed by the Civil Judge, Mandya, in R.A. No. 99 of 1985 reversing the judgment and decree dated 9-8-1985 passed by the Munsiff, Nagamangala, in Original Suit No. 29 of 1982 decreeing the appellant-plaintiff's suit for permanent injunction restraining the respondent-defendant from interfering with the peaceful possession and enjoyment of the suit property.2. The suit property is a nine ankana house situated at Paduvalapatna village. The case of the appellant-plaintiff is that one Master Narasegowda bequeathed the suit property to the appellant-plaintiff under a deed of settlement dated 29-7-1949 and put the plaintiff in possession of the suit property. The plaintiff leased the suit property to one Ramaiah and after the termination of tenancy in favour of this tenant Ramaiah, the plaintiff has been in possession of the suit pro...
Karnatka State Road Transport Corporation, Sirsi Division, Sirsi Vs. H ...
Court: Karnataka
Decided on: Jan-22-1998
Reported in: [1999(82)FLR338]; 1998(4)KarLJ51
ORDER1. The employer KSRTC, in this writ petition under Articles 226 and 227 of the Constitution, seeks quashing of the award of the Additional Labour Court, Hubli, dated 16-2-1995, at Annexure-A.2. By order dated 8-7-1976 at Annexure-B, the petitioner KSRTC appointed the first respondent as Driver in the scale of Rs. 95-250 on probation for two years from 29-6-1976. On 23-6-1978, as at Annexure-C, before the completion of the said probation period of two years, first respondent was discharged from service on the ground of unsuitability. It was only on 4-10-1988, taking advantage of Section 10(4-A) of the Industrial Disputes Act, 1947 ('Act' for short) that the first respondent raised an industrial dispute with regard to the said termination of his services by filing an application before the Additional Labour Court, Hubli. The Labour Court, by the impugned award, set aside the order of termination and directed reinstatement of the first respondent in service with the benefit of contin...
M. Ramakrishna Bhat Vs. Tahsildar, Puttur, Dakshina Kannada and Others
Court: Karnataka
Decided on: Jan-22-1998
Reported in: ILR1999KAR2259; 2000(3)KarLJ570
ORDERA.M. Farooq, J.1. In this writ petition, the petitioner has sought for issue of writ of certiorari to quash the order dated 19-3-1982 issued by the Tahsildar, Puttur and the order dated 25-10-1990 passed by the second respondent, the Revenue Inspector and the order dated 7-7-1990 passed by the Village Accountant. The petitioner in this writ petition has raised an important question of law as to whether the Wargdar who is enjoying kumki land appertaining to the Wargland could be said to be an unauthorised occupier of the said land and can fine be imposed upon him under Section 94 of the Karnataka Land Revenue Act, hereinafter referred to as 'the Act'.2. It is the case of the petitioner that he is the owner of the Warg lands Sy. Nos. 258, 258/5-B, 257/2, 267/3, 267/4-A, 267/6-A, 268/B, 268/4-A3 and 270/1-A3 of Nidpalli Village, Puttur Taluk. For the above Warglands, AW lands bearing Sy. Nos. 268/4-A2 and 270/1-A2 form kumki lands. It is stated that the petitioner has been making use...
Vijaynagar Industrial Workers' Housing Co-operative Society Limited, B ...
Court: Karnataka
Decided on: Jan-22-1998
Reported in: ILR1998KAR2479; 1998(4)KarLJ117
ORDER1. The petitioner is a Housing Society registered under the provisions of the Karnataka Co-operative Societies Act. The petitioner has filed this writ petition for a direction to the State Government to issue an order in consonance with the resolution passed by the BDA in subject No. 998 dated 22-4-1988 to part with the land measuring 42 acres 22 guntas situated at Nagarbhavi village, in favour of the petitioner and for other reliefs.2. The petitioner has not pressed the prayer in so far as it relates to the quashing of the notification issued by the State Government under Section 19(1) of the BDA Act. The learned Counsel for the petitioner addressed his arguments in respect of the other two prayers in the writ petition.3. The brief facts of the case are as follows:In the year 1982 the petitioner had entered into an agreement with the owners in respect of certain survey numbers in Bangalore North Taluk. Under the said agreement the land owners agreed to sell the land belonging to ...
M/S. Oriental Insurance Company Limited, Bangalore Vs. Guddappa and Ao ...
Court: Karnataka
Decided on: Jan-22-1998
Reported in: 1999ACJ670; 1999(5)KarLJ426
1. This appeal is filed against the order dated 31-7-1997 passed in WCA:CR:No. 60 of 1996 awarding compensation to the first respondent-petitioner in a sum of Rs. 1,08,455/- with interest at the rate of 6% p.a. and further directing the appellant to deposit the sum within 30 days from the date of the order.2. The first respondent filed the petition WCA:CR: No. 60 of 1996 claiming compensation on account of the injury sustained by him in the accident that occurred on 31-3-1995 involving lorry bearing No. MED 6804. The appellant is directed to pay the compensation on the ground that the vehicle in question was insured. Sri A.M. Venkatesh, learned Counsel for the appellant submits that the policy was issued for the period commencing from 23-9-1994 to 22-9-1995. The cheque was issued. But the cheque was not encashed. The accident took place on 31-3-1995. Even on the date of the accident no amount was paid. According to him, once the cheque is bounced, the Insurance Company is not liable an...
Widia (India) Limited Vs. the Chief Commissioner of Income Tax
Court: Karnataka
Decided on: Jan-22-1998
Reported in: ILR1998KAR1887; [1998]233ITR1(KAR); [1998]233ITR1(Karn)
ORDERY. Bhaskar Rao, J.1. These references are made under Section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as the Act) at the instance of the assessee and the revenue.2. The facts of the case are: The assessee (M/s. Widia (India) Limited, Tumkur Road, Bangalore) is a limited Company. It acquired certain machinery on deferred payment basis in the year 1967. The subsequent installments of the price payable by the assessee had gone up because of fluctuation in the rate of foreign exchange. The assessee claimed that, as a consequence, the cost of acquisition of the machinery should be revised and it is on the revised actual cost the investment allowance and depreciation should be granted for the assessment year 1979-80. It is also pointed out that similar claim has been allowed for the previous assessment year 1978-79 by the order of the Income Tax Appellant Tribunal dated 21.11,1983. It is contended on behalf of the Revenue that, if the actual cost in the year of instal...
The Oriental Insurance Company Limited Vs. Smt. Honnamma and Another
Court: Karnataka
Decided on: Jan-21-1998
Reported in: 2000ACJ761; AIR1998Kant160; ILR1998KAR1776; 1998(2)KarLJ575
This appeal is filed by the Insurance Company to challenge the judgment and award dated 1-6-1994 in MVC No. 242 of 1990 passed by the District Judge and MACT, Karwar, whereunder a sum of Rs. 37,000/- together with interest 9% was awarded in favour of claimant-respondent 1 as against the total claim of Rs. 50,000/-.2. I heard the learned Counsel for the appellant, Sri M. Sowri Raju, the learned Counsel for the contesting respondent 1, Smt. Preeti Dayananda and the learned Counsel appearing for the respondent 2-Owner, Sri M. Swayam Prakash. 3. The. facts of the case are interesting enough and are as hereunder: That the respondent 2-Owner, had obtained cover note and policy in respect of his Car No. CNO 2727 on 3-3-1990 and as against the payment of premium of Rs. 128/- he had issued a cheque in favour of the appellant-Insurance Company for the like sum. That on the very day i.e., on 3-3-1990 at about 6.20 p.m. the non-party driver, one Ismail working under the respondent 2, owner had cau...
Syndicate Bank, Jayanagar MaIn Branch, Bangalore Vs. M/S. Seenu Trader ...
Court: Karnataka
Decided on: Jan-21-1998
Reported in: [1999]97CompCas351(Kar); 1999(2)KarLJ563
Acts/Rules/Orders:Interest Act, 1978 - Section 3;Civil Procedure Code, 1908 - Section 34;Interest Act, 1839;Indian Contract Act, 1872 - Section 70Cases Referred:Sowcar Thimmappa v. S.L. Prasad, AIR 1978 Kant. 25;S. Kotrabasappa v. Indian Bank, Davangere, 1987(2) Kar. L.J. 95, AIR 1987 Kant. 236;Dena Bank v. M/s. K. Motiram Vakil, AIR 1989 Bom. 264;State of Rajasthan v. Raghuveer Singh, 1979(1) Kar. L.J. Sh. N. 56 (SC), AIR 1979 SC 852JUDGEMENT 1. This is plaintiff's appeal from the judgment and decree dated 31st of August, 1988, passed by Sri K. Sreedhar, XIII Additional City Civil Judge, Bangalore, in Original Suit No. 2389 of 1985. Plaintiff as per plaint allegations, claimed a decree for a sum of Rs. 42,057/-. He further claimed interest at the rate of 20 per cent per annum from the date of the suit, till the date of realisation.2. The Trial Court on the basis of Exhs. P. 5 and P. 7 and other material found the plaintiff to be entitled to claim decree to the extent of Rs. 26,000/-. ...
H.S. Sripadarao Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Jan-21-1998
Reported in: ILR1999KAR348; 1998(4)KarLJ46
ORDER1. The petitioner, in this petition, is the owner of land bearing Survey Nos. 1/1 measuring 19 guntas and 1/2 measuring 1 acre 20 guntas, situated in Haludodderi, Taluk Shira, Tumkur District.2. In this petition, the petitioner has prayed for quashing the preliminary notification dated 14th of April, 1988, a copy of which has been produced as Annexure-A, issued under sub-section (1) of Section 3 of the Karnataka Acquisition of Land for Grant of House Sites Act, 1972 (hereinafter referred to as 'the Act'), arid the final notification dated 2nd of February, 1994, a copy of which has been produced as Annexure-B,issued under sub-section (4) of Section 3 of the Act, proposing to acquire the lands, referred to above, belonging to the petitioner.3. It is the case of the petitioner that he is a small holder having only the lands in question in his possession and he is entirely depending upon the said lands for his livelihood. It is his further case that he has developed the major portion ...
Smt. Puttathayamma and Others Vs. Regional Director, Employees' State ...
Court: Karnataka
Decided on: Jan-21-1998
Reported in: 2000ACJ16; ILR1998KAR3525; 1998(4)KarLJ101
1. This appeal is directed against an order dated 6-8-1994 on I.A. No. I filed in ESI Application No. 1 of 1994 passed by the Employees' Insurance Court, Channapatna at Bangalore. In passing the impugned order the said Court had rejected the said application for dependents benefits on the ground that the appellants have approached the Court belatedly after 12 long years of delay.2. I heard the learned Counsel for the appellants Sri A.R. Holla, Sri R. Gururajan appearing for respondent 1-ESI Corporation, and Sri B.S. Hadimani appearing for respondent 2-General Manager of Spun Silk Mills, Channapatna. I have also perused the case records of the Court below.3. The facts in brief are as hereunder:That the husband of the appellant 1 and the father of the appellants-minors Nos. 2 to 5 died on 3-11-1981 while he was on duty due to employment injury, 'myo-cardial infraction' and that according to the appellants, the deceased died during the course of employment of respondent 2 and therefore th...
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